Brain injury lawyers help people pursue compensation after accidents that result in traumatic brain injuries (TBIs). Auger Hollingsworth’s Markham personal injury lawyers represent people experiencing concussion symptoms, cognitive difficulties, and lasting disabilities. We help clients understand their options under Ontario personal injury law.

brain injury lawyer in markham

Our work includes gathering medical records, identifying responsible parties, negotiating with insurance companies, and pursuing litigation when necessary. We explain the strengths and challenges of your case without promising a particular result. As a top-rated firm in Markham, we also bring extensive trial experience and thorough preparation to brain injury claims.

For clear advice and compassionate representation, contact Auger Hollingsworth Accident & Injury Lawyers.

Types of Brain Injuries

A traumatic brain injury occurs when an external force damages the brain or disrupts its function. The diagnosis helps guide treatment, while medical and functional evidence helps establish the injury’s consequences for a legal claim.

Common types of brain injuries include:

  • Concussion

A concussion can result from a blow to the head or rapid movement of the head and body. Although classified as a mild TBI, it can cause serious problems. We document how ongoing symptoms affect work, household responsibilities, and daily activities.

  • Contusion

Cerebral contusions are bruises within brain tissue. These brain contusions can involve bleeding and swelling. Our lawyers review medical findings alongside evidence of changes in your abilities and care needs.

  • Subdural Hemorrhage

A subdural hemorrhage involves bleeding between the brain’s surface and its outer protective covering. These hemorrhages can place dangerous pressure on the brain and require urgent medical assessment.

  • Penetrating Brain Injury

A penetrating brain injury occurs when an object enters the skull and damages brain tissue. Skull fractures may accompany these injuries. We investigate the circumstances and assess the resulting financial and functional losses.

  • Diffuse Injury

Diffuse axonal injuries involve damage to nerve fibres across areas of the brain. Rapid acceleration, deceleration, or rotation can cause this damage. These injuries may have significant long-term consequences.

Common Causes of Brain Injuries

Brain injury claims can arise from road collisions, unsafe properties, sports incidents, and violence. We investigate whether another party’s actions caused or contributed to the injury and identify available insurance coverage.

Common causes of brain injuries include:

  • Motor Vehicle Accidents

Motor vehicle accidents can injure drivers, passengers, cyclists, and pedestrians. These accidents can cause a brain injury alongside spinal cord injuries or other injuries.

After a motor vehicle accident, we assess potential accident benefits and a claim against an at-fault party. These are separate routes to financial support, with different eligibility requirements.

  • Falls

A slip and fall on ice, wet flooring, damaged stairs, or another hazard can cause a brain injury. We examine photographs, surveillance footage, maintenance records, and witness accounts. The investigation considers who controlled the property and whether reasonable safety measures were taken.

  • Contact Sports

Collisions and falls during contact sports can cause brain injuries. A sports injury does not automatically establish negligence. We examine the conduct involved, supervision, safety procedures, and any relevant agreements.

  • Assaults and Violence

An assault can cause a brain injury through a direct blow or a resulting fall. Depending on the evidence, a civil claim may involve the person responsible or another party whose negligence contributed to the incident. We assess liability and practical recovery options separately from any criminal proceedings.

  • Birth Injuries

A birth injury can involve brain damage caused by trauma or oxygen deprivation. Not every adverse outcome establishes negligence. Families concerned about negligent care during delivery should consult a lawyer who practises in medical malpractice— Auger Hollingsworth does not handle claims in that area.

How Brain Injuries Affect Daily Life and Long-Term Recovery

Brain injuries can affect cognition, motor skills, sensory processing, mood, and independence. Recovery varies, and some people need continuous rehabilitation or help with daily activities.

We document the practical consequences for each client. This may include difficulty returning to work, managing finances, caring for children, or maintaining relationships. Medical assessments, employment records, and observations from family members can help explain changes since the accident.

We also consider overlapping injuries and pre-existing conditions. For example, a stroke is generally a non-traumatic brain injury. Its relationship to an accident, if any, requires medical evidence.

What Compensation Can You Claim for a Brain Injury in Markham?

Potential compensation depends on the cause of the injury, available coverage, liability, and proven losses. We assess both immediate expenses and future needs when preparing your claim.

Depending on the circumstances, a personal injury lawsuit may seek compensation for:

  • Pain, suffering, and loss of enjoyment of life.
  • Past income loss and reduced future earning capacity.
  • Rehabilitation and treatment expenses.
  • Attendant care and future care needs.
  • Necessary equipment and home modifications.
  • Household assistance and other documented expenses.

After a vehicle collision, Statutory Accident Benefits (SABS) may provide support regardless of fault, subject to eligibility and policy limits. Medical, rehabilitation, and attendant care benefits remain mandatory under Ontario’s July 2026 reforms.  Other benefits, including income replacement, depend on the applicable policy and coverage.

We also review potential long-term disability coverage where an injury prevents you from working. Insurance payments and lawsuit damages can interact. We assess those relationships when estimating the value of your claim.

Why Choose Our Brain Injury Lawyers in Markham

Our Markham brain injury lawyers combine case preparation with clear communication. We explain your options, manage legal requirements, and build evidence around the injury’s effect on your life.

Real Support Throughout the Process

Memory problems and fatigue can make legal paperwork difficult. We explain next steps in manageable terms and answer questions about your claim. With your permission, we can involve a trusted family member or support person.

Our lawyers and legal experts handle insurer communications and organise the evidence needed to advance your case. Healthcare professionals remain responsible for diagnosis and treatment recommendations.

No Matter Where You Are in Ontario, We’re Here for You

We serve clients in Markham and across Ontario. We can discuss remote meetings and home or hospital visits when injuries make travel difficult. Your location should not prevent you from seeking legal guidance.

Your Case Matters to Us—Not Just the Settlement

We consider how the injury affects your health, employment, family responsibilities, and future independence. Our preparation addresses those needs rather than focusing only on immediate expenses.

We offer free, no-obligation consultations and contingency fee arrangements. Before you retain us, we explain legal fees, disbursements, applicable taxes, and the terms of the agreement.

What to Do After a Brain Injury?

Seek medical assessment promptly after a suspected brain injury. Early legal advice can also help preserve evidence and identify deadlines.

Take these steps where possible:

  1. Get appropriate medical care. Call 911 for an emergency and follow your healthcare provider’s instructions.
  2. Report the incident. Notify police, the property occupier, or the relevant organisation, as appropriate.
  3. Preserve evidence. Keep photographs, witness details, incident records, and the police report number.
  4. Track the effects. Record symptoms, missed work, expenses, appointments, and assistance you need.
  5. Notify the relevant insurer. Keep copies of forms, correspondence, and benefit decisions.
  6. Get advice before accepting a settlement. Understand which rights a release would end.

Two-year limitation period

Ontario lawsuits generally have a two-year limitation period running from the date of discovery of the claim, subject to exceptions. Separate notice requirements may apply much earlier. Contact a lawyer promptly rather than assuming the general deadline applies to every step.

The Legal Process for Brain Injury Cases

Brain injury claims require evidence of responsibility, causation, and loss. We guide you through the relevant stages and explain decisions that require your instructions.

  1. Initial assessment. We discuss the accident, your injuries, insurance coverage, and potential deadlines.
  2. Investigation. We obtain relevant records, preserve evidence, and identify potentially responsible parties.
  3. Medical and financial documentation. We assess your prognosis, work limitations, care needs, and losses using appropriate evidence.
  4. Claim preparation. We prepare the necessary insurance submissions or begin a lawsuit where appropriate.
  5. Negotiation and mediation. We present the evidence and review settlement proposals with you.
  6. Trial preparation. If the claim remains unresolved, we prepare to present it in court.

FAQs About Brain Injuries

Families often have questions about diagnosis, severity, and settlement timing. Medical professionals assess the injury, while our lawyers explain how the evidence affects your legal options.

What qualifies as brain damage?

Brain damage refers broadly to injury affecting brain tissue or function. It can result from trauma or non-traumatic causes, such as a stroke or oxygen deprivation. A diagnosis alone does not establish a compensation claim; the legal assessment also considers causation, responsibility, coverage, and losses.

What is considered a severe brain injury?

Clinicians assess severity using factors such as consciousness, examination findings, and imaging. A Glasgow Coma Scale score between 8 to 3 is commonly associated with severe TBI, but the score does not describe every aspect of an injury or predict every outcome. Medical severity and Ontario’s insurance definition of catastrophic impairment are separate assessments.

How long do TBI cases take to settle?

There is no fixed timeline. Prognosis, future care needs, disputed liability, expert assessments, and court scheduling can affect the process. Complex claims may take several years. We explain what remains outstanding and assess settlement proposals against the available evidence.

Speak With a Markham TBI Lawyer Today

Speak with Auger Hollingsworth Accident & Injury Lawyers about your brain injury, insurance concerns, and potential compensation claim. Contact us for a free, no-obligation consultation with a brain injury lawyer serving Markham.

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